(1) COVERED
PROGRAM.—The term “covered program” means any program
or activity funded in whole or in part with funds made available under—

(A) the Edward Byrne Memorial Justice
Assistance Grant Program under part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and

(B) the “Cops on
the Beat” program under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that no
program, project, or other activity specified in section 1701(b)(13) of such
part shall be a covered program under this paragraph.

(2) GOVERNMENTAL
BODY.—The term “governmental body” means any
department, agency, special purpose district, or other instrumentality of
Federal, State, local, or Indian tribal government.

(3) HIT
RATE.—The term “hit rate” means the percentage of stops
and searches in which a law enforcement officer finds drugs, a gun, or
something else that leads to an arrest. The hit rate is calculated by dividing
the total number of searches by the number of searches that yield contraband.
The hit rate is complementary to the rate of false stops.

(4) INDIAN
TRIBE.—The term “Indian tribe” has the meaning given
the term in section 102 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a).

(5) LAW ENFORCEMENT
AGENCY.—The term “law enforcement agency” means any
Federal, State, local, or Indian tribal public agency engaged in the
prevention, detection, or investigation of violations of criminal, immigration,
or customs laws.

(6) LAW ENFORCEMENT
AGENT.—The term “law enforcement agent” means any
Federal, State, local, or Indian tribal official responsible for enforcing
criminal, immigration, or customs laws, including police officers and other
agents of a law enforcement agency.

(7) RACIAL
PROFILING.—

(A) DEFINITION.—The
term “racial profiling” means the practice of a law enforcement
agent or agency relying, to any degree, on race, ethnicity, national origin,
gender, or religion—

(i) in selecting which
individual to subject to routine or spontaneous investigatory activities;
or

(ii) in deciding upon
the scope and substance of law enforcement activity following the initial
investigatory activity.

(B) EXCEPTION.—The term “racial profiling” does
not include a practice of a law enforcement agent or agency that relies on
race, ethnicity, national origin, gender, or religion when there is trustworthy
information, relevant to the locality and timeframe, that links a person of a
particular race, ethnicity, national origin, gender, or religion to an
identified criminal incident or scheme.

(8) ROUTINE OR
SPONTANEOUS INVESTIGATORY ACTIVITIES.—The term “routine or
spontaneous investigatory activities” means the following activities by a
law enforcement agent:

(A) Interviews.

(B) Traffic
stops.

(C) Pedestrian
stops.

(D) Frisks and other
types of body searches.

(E) Consensual or
nonconsensual searches of the persons, property, or possessions (including
vehicles) of individuals using any form of public or private transportation,
including motorists and pedestrians.

(G) Inspections and
interviews of entrants into the United States that are more extensive than
those customarily carried out.

(H) Immigration-related
workplace investigations.

(I) Such other types
of law enforcement encounters about which statistical information is compiled
for or by the Federal Bureau of Investigation or the Department of Justice
Bureau of Justice Statistics.

(9) REASONABLE
REQUEST.—The term “reasonable request” means all
requests for information, except for those that—

(A) are immaterial to
the investigation;

(B) would result in
the unnecessary disclosure of personal information; or

(C) would place a
severe burden on the resources of the law enforcement agency given its
size.

(10) STATE.—The
term “State” means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, and any other territory or possession of the
United States.

(11) UNIT OF LOCAL
GOVERNMENT.—The term “unit of local government”
means—

(A) any city, county,
township, town, borough, parish, village, or other general purpose political
subdivision of a State;

(B) any law
enforcement district or judicial enforcement district that—

(i) is
established under applicable State law; and

(ii) has
the authority to, in a manner independent of other State entities, establish a
budget and impose taxes; or

(C) any Indian tribe
that performs law enforcement functions, as determined by the Secretary of the
Interior.

No law enforcement agent or law enforcement
agency shall engage in racial profiling.

SEC. 102. Enforcement.

(a) Remedy.—The
United States, or an individual injured by racial profiling, may enforce this
title in a civil action for declaratory or injunctive relief, filed either in a
State court of general jurisdiction or in a district court of the United
States.

(b) Parties.—In
any action brought under this title, relief may be obtained against—

(1) any governmental
body that employed any law enforcement agent who engaged in racial
profiling;

(2) any agent of such
body who engaged in racial profiling; and

(3) any person with
supervisory authority over such agent.

(c) Nature of
proof.—Proof that the routine or spontaneous investigatory
activities of law enforcement agents in a jurisdiction have had a disparate
impact on racial, ethnic, or religious minorities shall constitute prima facie
evidence of a violation of this title.

(d) Attorney’s
fees.—In any action or proceeding to enforce this title against
any governmental body, the court may allow a prevailing plaintiff, other than
the United States, reasonable attorney’s fees as part of the costs, and may
include expert fees as part of the attorney’s fee.

(a) In
general.—An application by a State, a unit of local government, or
a State, local, or Indian tribal law enforcement agency for funding under a
covered program shall include a certification that such State, unit of local
government, or law enforcement agency, and any law enforcement agency to which
it will distribute funds—

(1) maintains adequate
policies and procedures designed to eliminate racial profiling; and

(2) has eliminated any
existing practices that permit or encourage racial profiling.

(2) training on racial
profiling issues as part of law enforcement training;

(3) the collection of
data in accordance with the regulations issued by the Attorney General under
section 401; and

(4) participation in
an administrative complaint procedure or independent audit program that meets
the requirements of
section 302.

(c) Effective
date.—This section shall take effect 12 months after the date of
enactment of this Act.

SEC. 302. Involvement of
Attorney General.

(a) Regulations.—

(1) IN
GENERAL.—Not later than 6
months after the date of enactment of this Act and in consultation with
stakeholders, including Federal, State, tribal, and local law enforcement
agencies and community, professional, research, and civil rights organizations,
the Attorney General shall issue regulations for the operation of
administrative complaint procedures and independent audit programs to ensure
that such procedures and programs provide an appropriate response to
allegations of racial profiling by law enforcement agents or agencies.

(b) Noncompliance.—If
the Attorney General determines that the recipient of a grant from any covered
program is not in compliance with the requirements of
section 301 or the regulations issued under
subsection (a), the Attorney General shall
withhold, in whole or in part (at the discretion of the Attorney General),
funds for 1 or more grants to the recipient under the covered program, until
the recipient establishes compliance.

(c) Private
parties.—The Attorney General
shall provide notice and an opportunity for private parties to present evidence
to the Attorney General that a recipient of a grant from any covered program is
not in compliance with the requirements of this title.

SEC. 303. Data collection
demonstration project.

(a) Competitive
awards.—

(1) IN
GENERAL.—The Attorney General
may, through competitive grants or contracts, carry out a 2-year demonstration
project for the purpose of developing and implementing data collection programs
on the hit rates for stops and searches by law enforcement agencies. The data
collected shall be disaggregated by race, ethnicity, national origin, gender,
and religion.

(2) NUMBER OF
GRANTS.—The Attorney General shall provide not more than 5 grants
or contracts under this section.

(3) ELIGIBLE
GRANTEES.—Grants or contracts under this section shall be awarded
to law enforcement agencies that serve communities where there is a significant
concentration of racial or ethnic minorities and that are not already
collecting data voluntarily.

(b) Required
activities.—Activities carried out with a grant or contract under
this section shall include—

(1) developing a data
collection tool, compiling data related to hit rates, and reporting the
compiled data to the Attorney General; and

(2) training of law
enforcement personnel on data collection, particularly for data collection on
hit rates for stops and searches.

(c) Evaluation.—Not
later than 3 years after the date of enactment of this Act, the Attorney
General shall enter into a contract with an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to
analyze the data collected by each of the law enforcement agencies funded under
this section.

(d) Authorization of
appropriations.—There are authorized to be appropriated to carry
out activities under this section—

(1) $5,000,000, over a
2-year period, to carry out the demonstration program under
subsection (a); and

(a) Grant
authorization.—The Attorney General, through the Bureau of Justice
Assistance, may make grants to States, local law enforcement agencies, and
units of local government to develop and implement best practice devices and
systems to eliminate racial profiling.

(b) Use of
funds.—The funds provided under
subsection (a) shall be used for programs
that include the following purposes:

(1) The development
and implementation of training to prevent racial profiling and to encourage
more respectful interaction with the public.

(2) The acquisition
and use of technology to facilitate the accurate collection and analysis of
data related to racial profiling.

(3) The development
and acquisition of feedback systems and technologies that identify officers or
units of officers engaged in, or at risk of engaging in, racial profiling or
other misconduct.

(4) The establishment
and maintenance of an administrative complaint procedure or independent auditor
program that meets the requirements of section 302.

(c) Equitable
distribution.—The Attorney General shall ensure that grants under
this section are awarded in a manner that reserves an equitable share of
funding for small and rural law enforcement agencies.

(d) Application.—Each
State, local law enforcement agency, or unit of local government desiring a
grant under this section shall submit an application to the Attorney General at
such time, in such manner, and accompanied by such information as the Attorney
General may require.

(a) Regulations.—Not
later than 6 months after the date of enactment of this Act, the Attorney
General, in consultation with stakeholders, including Federal, State, and local
law enforcement agencies and community, professional, research, and civil
rights organizations, shall issue regulations for the collection and
compilation of data under sections 201 and 301.

(1) provide for the
collection of data on all routine or spontaneous investigatory
activities;

(2) provide that the
data collected shall—

(A) be collected by
race, ethnicity, national origin, gender, and religion, as perceived by the law
enforcement officer;

(B) include the date,
time, and location of such investigatory activities;

(C) include detail
sufficient to permit an analysis of whether a law enforcement agency is
engaging in racial profiling; and

(D) not include
personally identifiable information described in section 403;

(3) provide that a
standardized form shall be made available to law enforcement agencies for the
submission of collected data to the Department of Justice;

(4) provide that law
enforcement agencies shall compile data on the standardized form made available
under
paragraph (3), and submit the form to
the Civil Rights Division and the Department of Justice Bureau of Justice
Statistics;

(5) provide that law
enforcement agencies shall maintain all data collected under this Act for not
less than 4 years;

(6) include guidelines
for setting comparative benchmarks, consistent with best practices, against
which collected data shall be measured; and

(7) provide for the
protection of the privacy of individuals whose data is collected by—

(A) limiting the use
and disclosure of the data collected under this Act to the purposes set forth
in this Act;

(B) except as
otherwise provided in this Act, limiting access to the data collected under
this Act to those Federal, State, local, or tribal employees or agents who
require such access in order to fulfill the purposes for the data set forth in
this Act;

(C) requiring
contractors or other non-governmental agents who are permitted access to the
data collected under this Act to sign use agreements incorporating the use and
disclosure restrictions set forth in subparagraph (A); and

(D) requiring the
maintenance of adequate security measures to prevent unauthorized access to the
data collected under this Act.

(1) analyze the data
collected under sections 201 and 301 for any statistically significant
disparities, including—

(A) disparities in the
percentage of drivers or pedestrians stopped relative to the proportion of the
population passing through the neighborhood;

(B) disparities in the
hit rate; and

(C) disparities in the
frequency of searches performed on minority drivers and the frequency of
searches performed on non-minority drivers; and

(2) not later than 3
years after the date of enactment of this Act, and annually thereafter—

(A) prepare a report
regarding the findings of the analysis conducted under
paragraph (1);

(B) provide such
report to Congress and the Attorney General; and

(C) make such report
available to the public, including on a Web site of the Department of
Justice.

(b) Publication of
data.—The Department of Justice Bureau of Justice Statistics shall
provide to Congress and make available to the public, together with each annual
report described in
subsection (a)(2), the data collected
pursuant to this Act, excluding any personally identifiable information
described in
section 403.

SEC. 403. Limitations on
publication of data.

The name
or identifying information of a law enforcement officer, complainant, or any
other individual involved in any activity for which data is collected and
compiled under this Act shall not be—

(1) released to the
public;

(2) disclosed to any
person, except for—

(A) such disclosures
as are necessary to comply with this Act;

(B) disclosures of
information regarding a particular person to that person; or

(C) disclosures
pursuant to litigation; or

(3) subject to
disclosure under section 552 of title 5, United States Code (commonly known as
the Freedom of Information Act), except for disclosures of information
regarding a particular person to that person.

(a) Regulations.—In
addition to the regulations required under sections 302 and 401, the Attorney
General shall issue such other regulations as the Attorney General determines
are necessary to implement this Act.

(b) Reports.—

(1) IN
GENERAL.—Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Attorney General shall submit to
Congress a report on racial profiling by law enforcement agencies.

(A) a summary of data
collected under sections 201(b)(3) and 301(b)(3) and from any other reliable
source of information regarding racial profiling in the United States;

(B) a discussion of
the findings in the most recent report prepared by the Department of Justice
Bureau of Justice Statistics under section 401(b)(7);

(C) the status of the
adoption and implementation of policies and procedures by Federal law
enforcement agencies under section 201 and by the State and local law
enforcement agencies under sections 301 and 302; and

(D) a description of
any other policies and procedures that the Attorney General believes would
facilitate the elimination of racial profiling.

If any provision of this Act, or the
application of such a provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act and the application of the
remaining provisions of this Act to any person or circumstance shall not be
affected thereby.

SEC. 602. Savings
clause.

Nothing in this Act
shall be construed—

(1) to limit legal or
administrative remedies under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), or title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.);

(2) to affect any
Federal, State, or tribal law that applies to an Indian tribe because of the
political status of the tribe; or

(3) to waive the
sovereign immunity of an Indian tribe without the consent of the tribe.